In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-7496 of 2009 (O&M)
Date of decision: 18.3.2009
Balwinder Singh
......Petitioner
Versus
State of Punjab and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.NPS Mann , Advocate,
for the petitioners.
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SABINA, J.
Balwinder Singh-petitioner has filed this petition under
Section 482 of the Code of Criminal Procedure for issuance of
directions to respondent No.2 for registering a criminal case against
respondent No.4 as per the provisions of Section 406/420 of the
Indian Penal Code for committing cheating with him and also for
criminal breach of trust, by way of misusing the process of Court.
It has been held by the Apex Court in Sakiri Vasu vs.
State of U.P. and others, 2008 (1) RCR (Criminal) 392 as under:-
“24. In view of the above mentioned legal position, we are
of the view that although Section 156(3) is very briefly
worded, there is an implied power in the Magistrate under
Section 156(3) Cr.P.C. to order registration of a criminal
offence and/or to direct the officer in charge of the
Criminal Misc. No.M-7496 of 2009 (O&M) -2-concerned police station to hold a proper investigation
and take all such necessary steps that may be necessary
for ensuring a proper investigation including monitoring
the same. Even though these powers have not been
expressly mentioned in Section 156(3) Cr.P.C., we are of
the opinion that they are implied in the above provision.
25.We have elaborated on the above matter because we
often find that when some one has a grievance that his
FIR has not been registered at the police station and/or
a proper investigation is not being done by the police,
he rushes to the High Court to file a writ petition or a
petition under Section 482 Cr.P.C. We are of the
opinion that the High Court should not encourage this
practice and should ordinarily refuse to interfere in such
matters, and relagate the petitioner to his alternating
remedy, firstly under Section 154 (3) and Section 36
Cr.P.C. before the concerned police officers and if that
is of no avail, by approaching the concerned Magistrate
under Section 156 (3).
26. If a person has a grievance that his FIR has not been
registered by the police station his first remedy is to
approach the Superintendent of Police under Section
154 (3) Cr.P.C. or other police officer referred to in
Section 36 Cr.P.C. If despite approaching the
Superintendent of Police or the officer referred to in
Section 36 his grievance still persists, then he can
approach a Magistrate under Section 156 (3) Cr.P.C.
Criminal Misc. No.M-7496 of 2009 (O&M) -3-
instead of rushing to the High Court by way of a writ
petition or a petition under Section 482 Cr.P.C.
Moreover he has a further remedy of filing a criminal
complaint under Section 200 Cr.P.C. Why then should
writ petitions or Section 482 petitions be entertained
when there are so many alternative remedies ?”
Since, the petitioner has sought registration of a criminal
case, this petition is dismissed.
The petitioner, if so advised, may approach the
Magistrate under Section 156 (3) Cr.P.C.
(SABINA)
JUDGE
March 18, 2009
anita